Starting October 1, 2029, some people with dismissed felony arrest charges or old conviction records could qualify for automatic relief under new record-check rules.
People arrested for a felony could receive automatic arrest record relief if every charge is dismissed and no charge is refiled or pending during the next year.
For automatic conviction relief, old records with no new activity for three years would count as showing no pending charge. If sentence status is unclear after seven years, the department would count the sentence as complete.
Courts would keep more records of convictions granted relief from public disclosure. A person could also ask the court for a record confirming it received notice and followed the relief order.
Starting October 1, 2029, the Department of Justice would grant arrest record relief to eligible people without requiring them to file a request, when its electronic records contain the needed information. The new eligibility path covers arrests for felonies when all charges from the arrest were dismissed. The department must have the relevant information in its electronic records. This change takes effect October 1, 2029. The one-year wait begins when the most recent charge is dismissed.
The Department of Justice would treat a record as showing no pending charge after three years without new activity, and as showing a completed sentence after seven years if it cannot determine whether the sentence ended. These rules apply when the department checks whether someone qualifies for automatic conviction record relief. The three-year rule applies only when there has been no new activity related to the record. The seven-year rule applies only when the department cannot determine whether the sentence is complete. The new rules take effect October 1, 2029. The three-year period runs from the indication that criminal proceedings began; the seven-year period runs from the conviction date.
Courts would keep more records of convictions granted relief from public disclosure and, on request, give the person a court record confirming the court received notice and followed the relief order. The rule applies to court records for convictions granted relief under the listed relief provisions. Courts may still disclose them to the person whose conviction was granted relief or to a criminal justice agency. The new Section 1203.425 provisions depend on SB 1395 also becoming law by January 1, 2027, and SB 1342 being enacted after it. These changes would take effect October 1, 2029, only if the bill’s stated conditions involving SB 1395 are met.
No hearings or votes scheduled.